IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150011682 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150011682 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150011682 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that her uncharacterized discharge be changed to an honorable discharge. 2. The applicant states she had a medical disability that resulted in her being administratively discharged with an uncharacterized character of service. 3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program, on 7 July 1995. She then further enlisted in the Regular Army (RA) on 4 June 1996 for a period of 4 years. She entered active duty and was assigned to the 120th Adjutant General Battalion (Reception), Fort Jackson, SC. 3. Two Fitness Training Company, Weekly Counseling sheets, completed and signed by the drill sergeant and the applicant, show for Week of Training 2 (24–28 June 1996) and Week of Training 3 Training 3 (1–5 July 1996): * Do you have a medical problem preventing Exit Assessment at this time? No * Do you have a personal problem preventing Exit Assessment at this time? No 4. On 11 July 1996, the company commander notified the applicant that separation action was being initiated on her under the provisions of (UP) Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 11 (Entry Level Status Performance), based on her inability to develop the required level of physical fitness and upper body strength required to enter basic combat training. a. The applicant was advised of her rights, including the right to request a separation physical examination if she felt that her physical status had changed since her last examination. The commander also stated he was recommending the applicant receive an uncharacterized entry level separation. b. The applicant acknowledged receipt of the commander's notification and that she had been advised of her right to consult with counsel. 5. On 11 July 1996, the applicant confirmed she was advised by the company commander of the basis for the contemplated action to separate her from the Army with an entry level separation – uncharacterized. The applicant also acknowledged with her signature that she had been afforded the opportunity to consult with appointed counsel and that she declined the opportunity to do so. The applicant waived her rights in writing, waived consulting counsel, and elected not to submit statements in her own behalf. In addition, with her initials and also her signature, the applicant (twice) elected not to have a separation medical examination before her discharge. 6. The company commander recommended the applicant be separated from service UP AR 635-200, chapter 11, prior to her expiration term of service with an entry level status separation, and he forwarded the separation action to the approving authority. The basis for the commander's recommended action was the applicant's inability to meet the required physical fitness requirements for entry into basic combat training after three weeks of training. He added that it was doubtful if additional training would allow the applicant to meet the required standards. 7. On 12 July 1996, the separation authority approved waiver of the applicant's transfer for rehabilitative purposes; approved the discharge UP AR 635-200, chapter 11; and directed the applicant be issued an entry level separation – uncharacterized. 8. The applicant's DD Form 214 shows she entered active duty on 4 June 1996 and was discharged from the RA on 19 July 1996 UP AR 635-200, chapter 11, based on entry level performance and conduct. She had completed 1 month and 16 days of net active service. It also shows in item 24 (Character of Service): "Uncharacterized." 9. A review of the applicant's military personnel records failed to reveal any evidence that she applied to the Army Discharge Review Board for review of her discharge within its 15-year statute of limitations. REFERENCES: 1. AR 40-501 (Standards of Medical Fitness) provides standards for induction, enlistment, appointment, retention, and related policies and procedures. Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement) gives the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below standards required for service in the RA, USAR, and Army National Guard (ARNG). 2. AR 635-200, in effect at the time, provides the basic authority for the separation of enlisted personnel. a. Chapter 11 sets forth policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry level status. This policy applied to RA, USAR, and ARNG personnel who were in an entry level status and, before the date of initiation of separation action, had completed no more than 180 days of creditable continuous active duty or initial active duty for training, or no more than 90 days of Phase II under a split or alternate training option. b. Chapter 3 (Character of Service/Description of Separation), in pertinent part, shows in: * paragraph 3-7 (Types of administrative discharges/character of service), an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. This paragraph also provides that only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry level status separation (uncharacterized) is warranted. * paragraph 3-9 (Uncharacterized separations), a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level status. This paragraph also provides, in pertinent part, that entry-level status terminates 180 days after the Soldier's entry on active duty. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. For item 24, the authorized entries are: Honorable, Under Honorable Conditions (General), Under Other Than Honorable Conditions, Bad Conduct, Dishonorable, and Uncharacterized. DISCUSSION: 1. The applicant contends, in effect, that her uncharacterized discharge should be changed to an honorable discharge based on an unfitting medical condition. 2. Records show that the commander initiated the applicant's separation action as a result of her inability to meet the required physical fitness requirements for entry into basic combat training after three weeks of training a. The applicant elected not to have a separation medical examination before her discharge. b. There is no evidence of record and the applicant provides insufficient evidence to show she had any medical condition(s) that was/were found to be medically unfitting UP AR 40-501. 3. The applicant's discharge UP AR 635-200, chapter 11, was administratively correct, all requirements of law and regulations were met, and the rights of the applicant were fully protected throughout the separation process. 4. The evidence of record shows that a separation will be described as an entry level separation with service uncharacterized, if separation action is initiated while a Soldier is in entry level status (i.e., has completed no more than 180 days of creditable continuous active duty). 5. The evidence of record shows the applicant entered active duty on 4 June 1996, was discharged on 19 July 1996, and she completed 1 month and 16 days (i.e. 46 days) of net active service during this period. The evidence of record confirms the applicant was in an entry level status and that her character of service is correctly recorded as "uncharacterized" on her DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011682 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011682 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2